South Carolina allows divorce based on both fault and no-fault grounds. A no-fault divorce in this state is predicated on the establishment that the parties have lived separately and apart, without cohabitation, for a continuous period of one year. This means neither party needs to prove wrongdoing by the other to obtain a dissolution of the marriage.
The inclusion of a no-fault ground for divorce offers an alternative to alleging marital misconduct, which can be a contentious and potentially lengthy process. This option may streamline divorce proceedings, reduce animosity between the parties, and potentially lower legal costs. Prior to the establishment of no-fault divorce options, individuals seeking to end a marriage often had to demonstrate fault-based grounds like adultery, abuse, or desertion.